Yesterday, the collective action 1696/7/7/24 Dr Maria Luisa Stasi v Microsoft was certified by the CAT.
The CAT yesterday approved the methodology set out by Professor Wickelgren for assessing whether Microsoft has abused its dominance by discriminating in its pricing of cloud-based software licenses.
Fideres is pleased to have supported Professor Wickelgren in developing his theory of harm, his methodology for assessing harm and his rebuttal of Professor Scott Morton’s critique.
Describing the theory of harm as novel, the Tribunal expressed the view that “however novel the PCR’s theory of harm may be, there is no doubt at all that it posits losses on a class-wide basis, which arise straightforwardly from the members of the Proposed Class having faced an overcharge as a result of Microsoft’s licensing practices.” “The claim comfortably crosses the hurdle of having a real prospect of success, and […] would describe it as an apparently viable claim with a good prospect of success.”
Dr. Stasi’s case will now proceed to disclosure and trial, with a date to be confirmed in due course.